Court strikes out CAN’s stay of execution on hijab

An Osun State High Court, sitting in Osogbo, has struck out an application by the Christian Association Of Nigeria (CAN) for a stay of execution, in the suit allowing Muslims to wear hijab to public schools in the state.

The state chapter of CAN, had on June 22, filed an application before the state High Court, asking for a stay of execution in the June 3 judgment.

At the resumed hearing yesterday, Justice Jide Falola, said he struck out the case because the state’s Christian body has approached the Court of Appeal, sitting in Akure, the Ondo State capital on the matter.

Supporters of the two religions and their lawyers were at the court premises at Oke-Fia area for the resumed hearing.

The state’s CAN, had in fresh affidavits deposed to by Rev. Jacob Asani and Olasunbo Ige, urged Justice Falola to hands-off the case, as CAN has gone to a higher court to adjudicate on the matter.

Consequently, the judge struck out the case, defiling the on going recess of the bench due to its importance.

CAN had through its counsel, Olufemi Ayandokun, on Monday, July 18, headed for the Appeal Court to file the necessary papers, including a fresh application for a stay of execution.

Justice Falola, at the last court sitting on July 8, urged parties in the matter to refrain from doing anything against the constituted authority.

He said his judgment was based on the law and facts before him “at that material time,” adding, the case was a constitutional issue that would still be taken to the Supreme Court.

Meanwhile, the state’s CAN chairman, Rev. Elisha Ogundiya, has asked Christians across the state to be law-abiding, pending the determination of the case.

He also urged the state government to maintain the status quo in public schools.